settlements

The Circus, The Animal Lovers, And The Saint’s Excuse

/ Jack Marshall / 11 Comments

Ringlings_Elephant

Animal rights groups just paid a large price for falling prey to #13 on the Rationalization List, The Saints Excuse, which is described in part thusly..

This rationalization has probably caused more death and human suffering than any other. The words “it’s for a good cause” have been used to justify all sorts of lies, scams and mayhem. It is the downfall of the zealot, the true believer, and the passionate advocate that almost any action that supports “the Cause,’ whether it be liberty, religion, charity, or curing a plague, is seen as being justified by the inherent rightness of the ultimate goal…The Saint’s Excuse  allows charities to strong-arm contributors, and advocacy groups to use lies and innuendo to savage ideological opponents. The Saint’s Excuse is that the ends justify the means, because the “saint” has decided that the ends are worth any price—especially when that price will have to be paid by someone else.

And thus it was that  in 2000 a former Ringling Brothers circus worker filed a lawsuit claiming that the circus’s elephants were abused, just as animal rights groups have long claimed. It was later determined that he had been paid at least $190,000 by the animal rights groups, including the Humane Society, the Fund for Animals and the ASPCA, to back their charges. This is illegal. This is unethical. After a 2009 trial found that the abuse allegations could not be proved, the circus sued for legal fees. The ASPCA paid Ringling Bros. $9.3 million in a settlement in 2012, and now the other groups will have to cough up $16 million. They got what they deserved. Continue reading →

Loathsome Jerk Bites Dumb Gold-digger

/ Jack Marshall / 2 Comments
Fly, meet Spider...

Fly, meet Spider…

I was going to make this an Ethics Quiz, but in part because I find Howard Stern so repugnant that I am incapable of not assigning blame to him, and mostly I am certain that the fact someone consents to do something self-destructive and stupid does not excuse the party who intentionally tempts her with an invitation, I am making this call myself.

Radio’s premiere shock jock, knowing full well that spurned Mel Gibson mistress Oksana Grigorieva would forfeit the remaining $375,000 of her settlement with the actor if she talked publicly about their relationship, invited her on his show. Then, using gentle questioning and seductive tones, Stern got the woman to say just enough violate the settlement terms, which were subsequently declared void by a judge. From TMZ: Continue reading →

Ethics Hero (Animal Lover Division): Janet Sinclair

/ Jack Marshall / 17 Comments

janet+and+sedona

Janet Sinclair used United Airlines’ “PetSafe” service to fly her beloved greyhound Sedona cross-country from San Diego. The service assures flyers that their pets will make the journey safe and sound, with responsible care and personal handling. Sinclair, however, became alarmed when she saw a United employee kick Sedona’s crate six times to shove it under the shade of the plane’s wing instead of carefully moving it. She then began documenting United’s pet care. Her video  shows her dog being left outside in 94 degree heat at a mid-journey stop (in Houston), and not placed in a temperature-controlled vehicle as she had been promised. When Sinclair landed at Logan Airport in Boston, her dog was barking at death’s door.

“Sedona’s entire crate was filled with blood, feces, urine,” Sinclair told reporters. “Sedona was in full heat stroke. All of the blankets were filled with blood. She was urinating and defecating blood. She was dying, literally, right in front of me.” The veterinarian who saved Sedona diagnosed her with heat stroke, urinary tract infection and liver dysfunction, all arising from the over-heating the dog experienced during the United Airlines flight. The airline, for its part, claimed that the dog’s distress was due to pre-existing conditions, though Sinclair’s vet had declared Sedona healthy following a pre-trip exam. Continue reading →

Don’t Blame The Lawyers: The Ethical, Unethical, NFL Settlement

/ Jack Marshall / 5 Comments
Watch your heads!

Watch your heads!

When is a $765 million dollar law suit settlement “chump change”?  This is when, reading the reactions to the NFL’s announcement last week of its agreement with former players who sued the league over crippling  concussion injuries sustained while playing professional football:

  • It is inadequate when half of that will be ladled out over seventeen years, and all of it will be reduced by the lawyer’s fees, to be determined but unlikely to be less than a third.  That means that each former player (or his heirs and family) will get, at most, $114, 000 or so.
  • It is inadequate when the league paying the damages will split the payment among its 32 franchises, making each responsible for paying $24 million over 20 years, which comes to about $1.2 million a year. Remember that projected NFL revenues this season are $10 billion, and the NFL gets more than $40 billion on top of that through 2022, thanks to media rights.

In other words, chump change.

Or, if you prefer, “I gave my brain, mind and health to the NFL, and all I got was this lousy settlement.” Continue reading →

Elmo and the One Recant Rule

/ Jack Marshall / 6 Comments

When we last left the sad saga of Kevin Clash, the Muppets puppeteer whose voice and hands give cute little Elmo his panache, the 23-year-old man who had accused Clash of having underage sex with him had recanted, agreeing with Clash’s defense that their relationship was consummated later, when both were consenting adults. I opined that this would do little to rescue Clash’s career, as the most innocent Muppet on Sesame Street could not survive being operated by a man who was now associated with gay sex, consensual of not. This likely result seemed unfair to Clash, but is nonetheless a responsible decision on the part of Clash’s employers, the Children’s Television Workshop, whose duty is to their mission and core audience, not to one unmasked Muppet.

Clash’s prospects have not improved. It was revealed last week that the recant was bought and paid for by Clash, who handed Sheldon Stephens $125,000 to deny his previous accusation and never to raise it again. Needless to say, a recant induced by monetary compensation is not a reliable one, and leaves as many questions open as the original claim, if not more. In a settlement, the accuser is paid to drop any legal action, but doesn’t agree to retract the original claim. What Clash did is called “buying testimony,” or ” a pay-off.” Continue reading →

The Messy Case of the Courageous/ Zealous /Inept/ Dedicated/ Venal/ Lying/ Unethical/ Ethical Lawyer

/ Jack Marshall / Leave a comment

The courtroom chaos of Gilbert and Sullivan’s “Trial By Jury” was nothing compared to this!

One thing we do know for sure: the lawyer was rushed. And therein lies much of the problem.

This mind-blowing scenario, that could have easily been an episode on “Boston Legal” or “Ally McBeal,” occurred in California.  After a week long trial in a personal injury case where the brain-damaged plaintiff’s lawyer had asked for millions in damages, jurors  deliberated only four hours and announced they’d reached a decision. Both lawyers were certain a defense verdict, against the disabled man, was coming. Plaintiffs attorney C. Michael Alder pulled defense counsel  into the hallway for last-minute settlement negotiations, hoping that the defense would agree to some damages as insurance against a surprise plaintiff’s verdict. With his developmentally disabled client (who had suffered brain injuries in a fall from an ambulance) and his mother by his side, Alder exchanged figures and rejections with   defense lawyer James Siepler, who had an insurance claims adjuster on his cellphone.

Los Angeles County Superior Court Judge Michael Johnson was impatient, for the jury was ready to give its verdict. Literally at the last second,  Alder and Siepler agreed to a  $350,000 settlement, and returned to the courtroom. “The parties have advised me that they have reached a settlement of the case,” the judge informed the jurors, adding, “They will be happy to talk with you out in the hallway to get your views.”

They got the jurors’ views, all right. The jurors told the attorneys that they were going to award the plaintiff 9 million dollars. Continue reading →

Obama’s Unethical Gift to the Trial Lawyers

/ Jack Marshall / 10 Comments

After January 1, 2011, when you begin to process all the new taxes coming your way and all the deductions you can no longer take, think about this:

The nation’s largest trial lawyer trade group, the American Association for Justice, has announced it was informed by Obama Administration officials that the U.S. Department of Treasury will give its members (and all tort lawyers) a tax break on contingency fee lawsuits. The new provision is expected to mirror proposed legislation by Sen. Arlen Specter, himself a lawyer, that was previously rejected by Congress last year. That bill would have allowed attorneys to deduct up-front costs in contingency fee lawsuits. Continue reading →